- 1 - NC: 2025:KHC:3299-DB MFA No.6329/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.6329/2023 (FC) BETWEEN: SMT.NAYANA P SHETTY AGED ABOUT 47 YEARS W/O PRADEEP SHETTY R/AT FLAT NO.501 ORCHID PARK APARTMENT BEHIND CITY CORPORATION LALBAGH MANGALURU – 575 003 …APPELLANT (BY SRI.SHANKARANARAYANA BHAT N, ADVOCATE) AND: SRI.PRADEEP SHETTY AGED ABOUT 62 YEARS S/O LATE RAJU SHETTY R/AT “SEETHA NIVASA” PADUBETTU, PADUBIDARI UDUPI DISTRICT – 575 111 …RESPONDENT (BY SRI.PONNANNA M B, ADVOCATE FOR SRI.RAHUL CARIYAPPA K.S., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.06.2023 PASSED IN M.C.NO.266/2014 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3299-DB MFA No.6329/2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE C.M. POONACHA) Both parties and their respective counsel are present. The parties are duly identified by their respective Counsel. 2. Both parties have filed compromise petition under Order XXIII Rule 3 of CPC read with Section 13B of Hindu Marriage Act, 1955. Compromise petition has been signed by both the parties and their respective Counsel. 3. Heard the parties on the compromise petition. Parties admit voluntary execution of compromise petition and the terms of the same. 4. It is agreed between the parties under the compromise that they have amicably resolved the matter and agreed for dissolution of their marriage. It is further stated that appellant-wife has done PHD and is working as Assistant Professor in Engineering college. Respondent-husband is also gainfully employed. The parties have two children, a daughter born on 19.08.2002 and son born on 23.04.2007 from their marriage. The daughter is major and son is aged 17 years 9 months. It is stated that the children are in the custody of appellant-wife and respondent-father is not claiming custody. - 3 - NC: 2025:KHC:3299-DB MFA No.6329/2023 5. Satisfied that the compromise is a voluntary one and admissible in law. Therefore, the compromise is recorded. Hence the following: ORDER (i) The appeal is allowed. (ii) The order dated 21.06.2023 in M.C.No.266/2014 passed by Principal Judge, Family Court, D.K., Mangaluru is hereby set aside. (iii) Petition in M.C.No.266/2014 is allowed in terms of the compromise petition. The marriage of the appellant and respondent solemnized on 31.10.2001 at Shesha Shayana Hall, Kidiyooru, Udupi is hereby dissolved by mutual consent. (iv) Draw decree accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE PKN List No.: 1 Sl No.: 3